Gyeongnam Park

The Korean criminal justice system emphasizes voluntary investigations and limits compulsory measures to exceptional cases such as warrantless seizures in flagrante delicto or with the subject’s consent. These measures are strictly regulated under procedures that mandate judicial approval. Courts and

prosecutors evaluate police warrant requests based on three criteria: evidence of criminal suspicion, necessity, and proportionality. If any of these criteria are not met, prosecutors may reject or request modifications to the warrant application, and courts may dismiss or partially approve the warrant. This procedural safeguard serves to prevent excessive or unjustified compulsory investigations.

During my tenure in this system, I developed an interest in comparative studies of U.S. practices regarding warrantless searches and seizures, judicial admissibility of evidence, and related case law. The U.S. system’s approaches to similar issues offer valuable insights into how Korea might improve its own legal framework.